ConstructionRisk.com Report (October 2015)

A1 - When Engineer Refused Obligations under an Indemnification Clause to Defend its Homebuilder Client, Suit Against it for Breach of Contract does not Require Certificate of Merit
A2 - AIA Contract Showed Architect’s Intent to Grant Owner an Implied License to Use Drawings
A3 - Failure to Design According to the IBC Was Not Breach of Contract But Could be Malpractice
A4 - "Or Equal" Vendor Can Sue Architect for Tortious Interference with Contract for Drafting Disguised Sole Source Specification and Rejecting Or Equal Bid

ConstructionRisk.com Report (September 2015)

A1 - Liquidated Damages Imposed on Contractor Even Where Contract was Terminated for Convenience and There was No Proof of Actual Damages
A2 - Court Holds New Jersey Affidavit of Merit must be from Like-Licensed Professional
A3 - Private Engineering Firm that Functioned as City Engineer Entitled to Official Immunity
A4 - Indemnity Clause Void & Unenforceable Because Sub was not Sole Cause of Damages
A5 - Economic Loss Rule Bars Concrete Supplier's Claim Against Design Engineer

A1 - Court Has No Jurisdiction Over a Contractor Claim that Was Based on an Issue Raised to the Contracting Officer for Final Determination but Not Sufficiently Detailed and Explained; Notice Provisions Enforced Against Contractor, and Liquidated Damages Held to be Enforceable
A2 - Owner and General Contractor Liability Under the Exceptions to the Independent Contractor Rule
A3 - A/E Failure to Meet Standard of Care Entitles Project Owner to Recover on Negligence Claim but not for Breach of Contract
A4 - Construction Defect Inspector Protected Against Contractor Defamation Suit

A1 - Failure to Give 10-Day Notice to Government Deprives Contractor of Right to Recovery
A2 - No Damage for Delay Clause Unenforceable Where Owner’s Intentional Misconduct Caused the Delay; And Lien Releases do not Release Claim Previously Submitted by Contractor
A3 - Communication with a Lawyer is not Automatically Protected from Discovery by Attorney-Client Privilege

A1 - Contractor’s Duty to Seek Clarification of Ambiguity in Specifications; Architect’s Decision on Dispute is Final
A2 - Implied Warranty of Habitability Extends only to Original Purchaser of Home, says Pennsylvania Supreme Court
A3 - Civilian BCA Accepts Jurisdiction over Contract Interpretation Issue and Grants Declaratory Relief Entitling Contractor to Suspend